Md. Nazirul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6566 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- BATHNAHA District- Sitamarhi ====================================================== MD. NAZIRUL ANSARI S/O BUDDU ANSARI VILLAGEMACHHPAKAUNI, WARD NO. 08, PS. BELA, BLOCK- PARIHAR, DIST. SITAMARHI.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 26.4 liters of liquor from a motorcycle. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that petitioner, being owner of the motorcycle, came to be implicated in a mechanical manner. It is further submitted that

Patna High Court CR. MISC. No.6566 of 2024(2) dt.21-02-2024 2/2 petitioner was completely unaware that Raju and Raj Babu who had taken the bike in name of some work would misuse the vehicle in the manner as alleged as they were also arrested from the spot.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bathnaha P.S. Case No. 294 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T